Definitions

  1. Law
  2. Georgia Code
  3. Waters of the State, Ports, and Watercraft
  4. Georgia Ports Authority
  5. Definitions

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As used in this chapter, the term:

  1. "Authority" means the Georgia Ports Authority created by Code Section 52-2-4.
  2. "Bonds" or "revenue bonds" means any bonds issued by the authority under this chapter, including refunding bonds.
  3. "Cost of the project" means the cost of acquisition and construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction or installation and for up to three years after completion of construction or installation, cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, the costs of establishing and maintaining any necessary funds and reserve funds with respect to the financing or operation of any project, and such other expenses as may be necessary or incident to the financing herein authorized, including the fees and costs of trustees, paying agents, remarketing agents, and other fiscal agents, costs of bond insurance, letter of credit fees, reimbursement agreement fees, and other loan, credit enhancement, or guarantee fees and, to the completion of construction or installation of any project, the placing of the same in operation, and the condemnation of property necessary for such construction, installation, and operation.
  4. "Harbor" includes any place natural or artificial in which vessels capable of moving articles of commerce on water may be loaded, unloaded, or accommodated.
  5. "Port" and "seaport" include any place natural or artificial in which seagoing vessels may be sheltered or loaded or unloaded.
  6. "Project" includes wharves, docks, ships, piers, quays, elevators, cranes, cargo handling equipment, computer hardware and software, technology, compresses, refrigeration storage plants, and warehouses and may include buildings and facilities or equipment and machinery to be used in the manufacturing, processing, assembling, storing, or handling of any cargo, agricultural or manufactured produce or products or produce and products of mining or industry, if the use and operation thereof, in the judgment of the authority, will result in the increased use of port facilities, the development of the system of state docks, or, in connection therewith, promote the agricultural, industrial, and natural resources of this state; provided, however, that no such building or facility shall be constructed by the authority unless the building or facility is located on or in the environs of property in which the authority has an interest. Any project may include other structures and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of harbors and approaches thereto and the construction of belt-line railroads, railroad sidings, roads, highways, bridges, causeways, and approaches, necessary or useful in connection therewith, and shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads, and also airports, seaplane bases, and air transportation terminals. There may be included as a part of any project any public utility facilities necessary or desirable to supply public utility services to other parts of such project or to the users of any of the facilities of the authority, which public utility facilities may include, without limitation, facilities for the supplying of electricity, gas, and water and for the collection and disposal of storm and sanitary sewage. There may be included as part of any project all appurtenances, equipment, and machinery of every kind and nature necessary or desirable for the full utilization of the project.

(Ga. L. 1945, p. 464, § 3; Ga. L. 1946, p. 60, § 2; Ga. L. 1949, p. 778, § 4; Ga. L. 1963, p. 342, § 1; Ga. L. 1964, p. 88, § 1; Ga. L. 2010, p. 897, § 1/HB 1060.)

The 2010 amendment, effective June 3, 2010, in paragraph (3), inserted "or installation" throughout the paragraph, inserted "acquisition and" near the beginning, substituted "up to three years" for "one year", inserted "the costs of establishing and maintaining any necessary funds and reserve funds with respect to the financing or operation of any project,", substituted "including the fees and costs of trustees, paying agents, remarketing agents, and other fiscal agents, costs of bond insurance, letter of credit fees, reimbursement agreement fees, and other loan, credit enhancement, or guarantee fees and, to the completion of" for "the", and inserted ", installation," near the end of the paragraph; and, in paragraph (6), in the first sentence, inserted "cranes, cargo handling equipment, computer hardware and software, technology," near the beginning, inserted "or equipment and machinery", inserted "cargo,", inserted "that", substituted "shall" for "may", and substituted "in which the authority has an interest" for "now owned by the authority, or hereafter acquired by the authority, for port development purposes" at the end, inserted "harbors and" in the second sentence, and deleted "but" preceding "without limitation" in the third sentence.

RESEARCH REFERENCES

25 Am. Jur. Pleading and Practice Forms, Wharves, § 1.

C.J.S.

- 80 C.J.S., Shipping, § 4.


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